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10-42 148
10-42 148
| Board of Vet. App. | Jun 23, 2017
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Background

  • Veteran served on active duty Oct 1970–Jul 1991 and appealed VA denials (Jun/Oct 2009) for service connection for right hand, right foot, and right hip osteoarthritis (status post total hip replacement).
  • Veteran perfected an appeal to the Board; a Central Office hearing was held in Nov 2016 and the record was held open for submission of evidence.
  • In Mar–Apr 2016 the Veteran expressly confirmed withdrawal of the appeals for right hand and right foot osteoarthritis.
  • The Veteran contends his service‑connected multiple myeloma caused or aggravated his right hip, leading to the hip replacement; the record includes an article describing multiple myeloma’s effects on bone.
  • A prior VA exam (Oct 2010) provided a negative opinion on direct service connection for the right hip; the Board found further development necessary to address secondary service connection.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to service connection — right hand osteoarthritis Veteran accepted findings and withdrew the appeal No opposition to withdrawal Appeal dismissed for lack of appellate allegations (withdrawn)
Entitlement to service connection — right foot osteoarthritis Veteran accepted findings and withdrew the appeal No opposition to withdrawal Appeal dismissed for lack of appellate allegations (withdrawn)
Entitlement to service connection — right hip osteoarthritis (including secondary to multiple myeloma) Right hip disorder (post‑THR) was caused/ aggravated by service‑connected multiple myeloma Prior VA exam negative for direct service connection; RO needs further development on secondary theory REMANDED for DBQ, new VA exam addressing secondary service connection, rationale, consideration of submitted article, and readjudication

Key Cases Cited

  • Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant retains right to submit additional evidence after Board remand)
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Case Details

Case Name: 10-42 148
Court Name: Board of Veterans' Appeals
Date Published: Jun 23, 2017
Docket Number: 10-42 148
Court Abbreviation: Board of Vet. App.